1. Revocation of a judgment of the first instance;

2. According to the selective claims added at the trial court, the defendant shall make the plaintiff 10,000.

1. Facts of recognition;

A. On June 14, 2005, the Plaintiff borrowed the name of the legal entity offered by Nonparty C through the Defendant’s brokerage and received a loan of KRW 7.8 billion from a financial institution. However, the Plaintiff offered D real estate (which can be replaced by other real estate) to a financial institution at the time of Si interest, as security, and the Defendant agreed to cooperate in the above loan business.

According to the special terms and conditions of the above agreement, the Plaintiff paid C the amount of KRW 5 million in the terms of the contract to provide a legal entity or the loan fee, and the Plaintiff intended to receive KRW 5 million in the event that the loan is not implemented or the Defendant does not cooperate in the loan business.

B. On June 28, 2005, the Plaintiff paid KRW 5 million to the Defendant according to the above special agreement. The Defendant prepared a loan certificate as set forth on July 28, 2005 with the meaning of returning the above KRW 5 million to the Plaintiff by July 28, 2005 when the Plaintiff did not perform the loan or cooperate with the Defendant on the same day.

C. A loan of the above KRW 7.8 billion to a borrowed-name corporation due to the Defendant’s failure to cooperate, etc. was not implemented.

Meanwhile, around June 28, 2005, the Plaintiff deposited KRW 5 million to Nonparty E at the Defendant’s request in the course of requesting the appraisal of the above real estate. On July 25, 2005, E returned KRW 5 million to the Defendant.

Although the Defendant agreed to return the above five million won to the Plaintiff immediately, the Defendant did not comply with the agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, with respect to the plaintiff's total amount of KRW 10 million and KRW 5 million returned from E, the defendant is reasonable to resist the existence or scope of the obligation of performance from July 26, 2005, which is the following day after the return was received, and with respect to the contract amount to provide a corporation or the loan fee of KRW 5 million from July 29, 2005, which is the day following the due date.